HUKUM CHAND INDER SINGH Vs. STATE

JUDGEMENT

(1.) HUKAM Chand aged 42 years, Head Con-Stable of Police (under suspension) attached to the police post Doraha, appeals to this Court against the order of the learned Sessions Judge, Patiala, convicting him tinder Section 376 read with Section 511, Indian Penal Code, and sentencing him to one year's rigorous imprisonment. The charge against him was that he on 26th October, I960, at about 7-30 p. m. at the end of the platform of railway station, Doraha towards Ludhiana attempted to commit rape on Kumari Mohinder Kaur and in such attempt criminally assaulted her by embracing her, making her lie on the ground and opening the string of her salwar. Prosecution story in brief is as follows:

(2.) KUMARI Mohinder Kaur (P. W. 3), a mimr girl of 12 or 13 years, on 26th October, 1960, at about 7-30 p. m. was waiting for her father, Tota Ram (. P. W. 10), on a platform at railway station, Doraha, who was expected by eight O'clock train. Hukam Chand accused happened to pass by her side and enquired as to why was she sitting there. She explained the object of her visit to the place in precise terms. He held her by the arm and took her to the lonely end of the platform. There he made her lie on the ground, opened the string of her salwar and unbuttoned his trousers as well. She raised an alarm and also resisted in the course of which she received a minor injury under her chin. Gurmel Singh (P. W. 4) had seen the Head Constable taking the girl to one end of the platform. He disclosed the fact to Karnail Singh (P. W. 7 ). Both of them out of curiosity proceeded in the direction the accused and the girl had left. They heard as if the girl was crying. It made them rush to the place of occurrence where they saw that the accused was lying on the girl with his trousers unbuttoned. Her salwar also was noticed untied. Both these persons caught hold of the accused. In the meantime the train had arrived and brought Tota Ram to Doraha. He along with one Jiwan Singh (P. W. 9) and so many others collected round the accused end marched him to the police post. The accused was given good beating by the crowd for his having indulged in an act unbecoming of a policeman. He was left in the charge of foot constables, Inder Singh (P. W. 11) and Joginder Singh (P. W. 12) while the people went towards the house of Kuldip Chand, Assistant Sub Inspector of Police (P. W. 13 ). The accused managed to escape. Kumari Mohinder Kaur lodged the first information report.

(3.) THERE was a commotion in the town on account of this incident which brought senior police officers on the scene. The accused was not to be found. He was arrested from the G. T. Road at about 4-0 p. m. on 'the following day. Dr. V. B. Chawla (P. W. 2) examined him soon after his arrest and noticed on his body marks of six contusions, two abrasions and an irregularly abraided area 12" x 9i" on the upper two-third part of back scarcely scattered over the lower portion and thickly scattered over the upper portion.